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menendez and marco rubio and lindsey graham and jeff flake, they have done a great job. i think we have the outline of the proposal that can succeed. i think it's balanced. we have border security as a very important factor, but we also make it possible to have the border secured. it's not an insurmountable object but, most of all it takes them out of the shadows and gives them a chance to live in a free and open society and with a long and difficult path to citizenship but at least it brings them out of the shadows and make them able to become the kind of wonderful citizens that i know that the overwhelming majority of them will be. and i'm proud of the work we have done and it's been frankly for not the first time, the pleasure of working with chuck schumer who is a tough guy. >> he's from brooklyn. >> senator mccain you tried this in 2006 and 2007 and george w. bush was on your side and ted kennedy and that ended disastrously. what has made the difference in 2013? >> i think two things, joe. one, from the practical side. that is, obviously, the polarization of the hispanic vote. fewe
got in terms of a note that was handed to me talking about a few senators, lindsey graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they should at least go down the path to determine whether or not that is the designation they should make for this particular person. then they should do it based on our national security, national interest to determine whether or not identifying him as an enemy combatant will actually enhance our national security and national interest. >> what about the charges? what do you expect them to be against dzhokhar. >> well, if he's not designated as an enemy combat eant he wille charged federally. the first decision has to b
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